Ombudsman orders filing of malverse, graft raps vs ex-Comelec official

Ombudsman Conchita Carpio-Morales. INQUIRER FILE PHOTO

MANILA, Philippines–Ombudsman Conchita Carpio-Morales on Wednesday ordered the filing of criminal cases against a former Commission on Elections (Comelec) official for failure to account P44.3 million of public funds he received from 1998 to 2007.

Ordered charged before the Sandiganbayan is Gideon De Guzman, former Director for Finance Services for 46 counts of Malversation of Public Funds and violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019).

Malversation is committed when a public officer, who has custody of funds or property by reason of the duties of his office and to which he is accountable, appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take these funds or property.

On the other hand, Section 3(e) of R.A. No. 3019 is violated when a public officer who, in the discharge of his official functions, acts with manifest partiality, evident bad faith, or gross inexcusable negligence causing undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage, or preference.

Records show that as Special Disbursing Officer, De Guzman received cash advances worth P44,325,033.32 to be used for various expenditures ranging from expenses for conferences and meetings, and food allowances to gifts and tokens.

However, he failed to settle and liquidate the said amount.

“[De Guzman’s] failure to settle and liquidate the P44,332,613.67 despite repeated demands raises the presumption that he has either appropriated, took, misappropriated or through abandonment or negligence allowed another person to take them,” the Ombudsman said in the 11-page resolution.

De Guzman was dismissed from public service effective July 15, 2012.

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